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Registry No. 302-06 

NATIONAL RECOVERY ADMINISTRATION 

PROPOSED CODE OF FAIR COMPETITION 

FOR THE 

COOPERAGE INDUSTRY 

AS SUBMITTED ON SEPTEMBER 1, 1933 

WE DO OUR PART 

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o-- : ........... 

The Code for the Cooperage Industry 

in its present form merely reflects the proposal of the above-mentioned 

industry, and none of the provisions contained therein are 

to be regarded as having received the approval of 

the National Recovery Administration 

as applying to this industry 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1933 

For sale by the Superintendent of Documents, Washington, D.C. - - - - - • - - Price 5 cents 
SUBMITTED BY 

THE ASSOCIATED COOPERAGE I.r DUSTRIES OF Al\IERICA 

(II} 
TENTATIVE CODE OF FAIR COMPETITION FOR THE 

COOPERAGE INDUSTRY 

PROPOSED BY THE ASSOCIATED COOPERAGE INDUSTRIES OF 

AMERICA 

ARTICLE I 

It is hereby declared to be the purpose of the Cooperage Industry 

to eliminate unfair competitive and unfair trade practices within the 

industry, to increase purchasing power and improve standards of 

labor, to induce and maintain 1,1nited action between labor and management under governmental supervision, and in general to promote 

and protect the welfare of this industry in accord with Title I of the 

National Industrial Recovery Act. 

ARTICLE II-ORGANIZATION 

The Executive Committee of The Associated Cooperage Industries 

of America shall constitute the Executive Authority in the adminis• 

tration and enforcement of this Code. It shall be the general planning and coordinating agency for the industry, shall secure adherence hereto, hear and adjust complaints, consider proposals for 

amendments hereof and exceptions hereto, and otherwise carry out 

the purposes of this Code as set forth in the Act, including the making and enforcement of rules and regulations not inconsistent with 

the provisions hereof. 

The industry shall be divided into Divisions as set forth below, 

and into such other Divisions or Classes as may hereafter be determined by the Executive Corru11ittee. The Executive Committee shall 

appoint appropriate Code Committees or other agencies in each Division for the administration of this Code within such Division; may 

delegate to such agencies all necessary power and authority for the 

administration of this Code within such Class or Division, including 

the adoption of divisional and subdivisional Code provisions not inconsistent with this Code; but said Executive Committee shall reserve 

and retain generally the power and duty to enforce the provisions of 

this Code. 

ARTICLE III-MEMBERSHIP 

The word " persons " as used herein includes any individual, firm, 

partnership, association, or corporation. Membership in The Associated Cooperage Industries of America shall be upon terms of 

equality to all persons engaged in any branch of the cooperage in- ·dustry, including distributors and dealers in both new and secondhand cooperage and cooperage stock. 

10186-33 (1) 
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ubject to the juri diction of this Qode shall from 

r quir d mak in confid nee to the party empower d 

to re i am uch report on wages, hours of labor, conditions 

of mployn1ent, number of employ es, production, shipments, sales, 

stock price , and other data pertinent to the purposes of this Code, 

hall p rmit in pection of pertinent records, and shall from time to 

tim upon demand, pay to thi Association its J?roportionate share 

of th amount necessary to defray all e penses incurred in effectuatino· within the industr the purpo es and requirements of the 

ational Industrial Recovery Act. 

ARTICLE IV-DIVISIONS 

Divisions of the industry are hereby established as follows: 

!

1) Slack Barrel and Keg Division. 

2) Slack Stave, Heading, and Hoop Division. 

3) Tight Barrel and Keg Division. · ( 4) Tight Stave, Heading, and Hoop Division. 

(5) Beer Stave, Heading, and Cooperage Division. 

(6) Fir Stave, Heading, and Cooperage Division. 

(7) White Pine Stave, Heading, and Cooperage Division. 

ARTICLE V .-LABOR PROVISI01 $ 

(a) No person under 16 years of age shall be employed or permitted to work in this industry. 

(b) Employees of persons subject to the. jurisdiction of this Code 

shall have the right to organize and bargain collectively through 

representatives of their own choosing, and shall be free from the 

interference, restraint, or coercion of employers of labor, or their 

agents, in the designation of such representatives or in self-organization or in other concerted activities for the purpose of collective 

bargaining or other mutual aid or protection. 

( c) No employee of persons subject to the jurisdiction of this 

Code, and no one seeking emplo3 ment from such persons hall be 

required as a condition of emplo ment to join any company union or 

to refrain from joining, organizing, or assisting a labor organization of his own choosing. 

( d) Persons subject to the jurisdiction of this Code agree to comply with the maximum hours of labor, minimum rates of pay and 

other conditions of employment approved or prescribed by the Presi, 

dent pursuant to the provision of the National Industrial Recovery 

Act. 

( e) It is clearly under tood that nothing in thi Code hall impair any Constitutional rights of the mploye an l emplo r, including the right to bargain individuall , or ollectively a may be 

mutually sati factory to them; nor impair the joint right of employee 

and employer to operate an open hop, u h .ri ht and shop b ing 

considered as conforming to the followino- tat ment by A lmini trator H. S. John on: 

"An open shop is a place where any man wh i competent and 

who e ervices are desired will be mployed r gardle of whether 

or not he belongs to a union. That j exactly what this law ay . 
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The statute cannot be qualified. The law clearly states that there 

shall not be any requirement as to whether or not a man belongs to 

a union." 

(:f) Nothing in this Code shall be construed to interfere with or 

prevent the selection, retention, and advancement of employees on 

the basis of their individual merit, without regard to their affiliation 

or nonaffiliation with any labor organization. 

(g) Nothing in this Code shall authorize any change in the maximum hours of labor, minimum rates of pay, or other conditions of 

employment specified in this Code, without the agreement of a truly 

representative association or group of the trade or industry, or subdivision thereof. to which this Code applies. 

ARTICLE VI-HOURS OF LABOR 

The maximum hours of labor of employees subject to the jurisdiction of this Code shall be forty ( 40) hours a week, in the manufacture, recoopering, repairing, and distribution of cooperage, and 

forty-eight ( 48) hours a week in the production of staves, heading, 

and hoops, subject to the following exceptions: 

1. The provisions herein shall not apply to watchmen, firemen~ 

outside salesmen. repair and maintenance, transportation and shipping employees, those employed solely in executive or supervisory 

work, and temporary employment in cases of emergency. 

2. Seasonal employment in excess of the standards herein where 

operations are necessarily limited by climatic or other physical factors to less than 12 months in each year. 

3. Farmers and other persons producing by their own manual 

labor and selling their products to members hereof. 

4. Work on cooperage required for export trade, for packinghouse, 

dairy, agricultural, and all perishable food products, and also for 

beer and whiskey. 

ARTICLE VII-MINIM UM w AGES 

The minimum wages for common labor which shall be paid by 

persons subject to the jurisdiction of this Code shall be as follows: 

(1) In all cooperage shops, thirty (30¢) cents per hour, subject 

to the :following exceptions : 

(a) for boys between 16 and 18 years of age it shall be twenty 

(20¢) cents per hour; 

(b) in the manufacture of potato and apple barrels it shall be 

twenty (20¢) cents per hour. 

(2) In mills producing staves, heading, and hoops for cooperage, 

twenty (20¢) cents per hour. 

These minimum rates of pay are guaranteed regardless of whether 

the employee is compensated on the basis of a time-rate or piece- work performance, and semi-skilled and skilled labor shall be com- pensated at wage rates equitably higher than common labor. 

ARTICLE VIII-SELLING PRICES 

The sale of any product by a member of the industry at less than 

his cost of production or replacement cost, including the cost of all 
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r OO'niz cl in a oun ing for Fed ral in ometax r turn j her b declared to be an unfair trade practice; proid l, h w v r hat in exc p ional a or :for xc ptional r a ons 

p rmi i n may in it di er ti n be giv n by th Execu ive ommitt to make u h al at 1 than uch co t, in whi h event 

m nib r hall r c iv the refw al of purcha ing at uch le s-thancost prices. 

ARTICLE IX-C NCELLATIO OR MooIFic 'l'ION 

This Code or any of its provisions shall be cane 11 d or modified 

n,nd any approved rule issued hereunder shall be ineffective to the 

extent necessary to conforn1 to any action by the President under 

Section 10 (b) of the National Industrial Recovery ct in cancellation or n1odification of any order, approval, license, rule, or regulation pertaining thereto. 

ARTICLES X-Mo OPOLIES 

(a) This Code is not designed to promote monopolies and shall 

not be availed of for that purpose. 

(b) The provisions of this Code shall not be so interpreted or 

administered as to eliminate or oppress small enterprises or to discriminate against them. 

ARTICLE XI-VIOLATIONS 

Violation by any persons subject to the provisions of this Code or 

any provision of this Code, or of .any approved rule issued hereunder, 

is an unfair 1nethod of competition, and the offender shall be subject 

to the penalties imposed by the National Industrial Recovery Act. 

ARTICLE XII-EFFECTIVE DATE 

This Code and amendments thereto shall be in effect beginning ten 

days after its approval by the President. 

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UNIVERSITY OF FLORIDA 

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